Identifier
Created
Classification
Origin
05BAGHDAD3420
2005-08-19 14:07:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

KURD/SHIA COMPROMSE ON ELECTION LAW NEEDED

Tags:  PGOV PHUM KDEM IZ 
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C O N F I D E N T I A L BAGHDAD 003420 

SIPDIS

E.O. 12958: DECL: 08/19/2025
TAGS: PGOV PHUM KDEM IZ
SUBJECT: KURD/SHIA COMPROMSE ON ELECTION LAW NEEDED


Classified By: POLITICAL COUNSELOR ROBERT FORD REASONS 1.4(b) and (d)

C O N F I D E N T I A L BAGHDAD 003420

SIPDIS

E.O. 12958: DECL: 08/19/2025
TAGS: PGOV PHUM KDEM IZ
SUBJECT: KURD/SHIA COMPROMSE ON ELECTION LAW NEEDED


Classified By: POLITICAL COUNSELOR ROBERT FORD REASONS 1.4(b) and (d)


1. (C) SUMMARY. According to UN/EAD legal advisor Jose Maria
Aranas, the Kurds and the Shia are still divided on electoral
issues. On August 18, Minister of Planning Barham Saleh
reiterated Kurdish preference for a single national district
system used in the January election, while Shahristani
insisted on a multiple governorate district electoral system
with maximum 10 percent national compensatory seats. Aranas
said he has reviewed the Shia draft and found it to be
incomplete and problematic. For example, the Shia draft
drops the prohibition of political party and candidate links
to armed militias. Aranas told PolOff that a multiple
governorate district system with 20 percent national
compensatory seats, using existing boundaries from the
January election, would be a good compromise solution. He
urged that the impasse be resolved very quickly, so that
political activities and planning can go forward on the basis
of solid legal groundwork. Citing the urgent need for
election law, Aranas encouraged UN, UK and US cooperation to
step up efforts to press Iraqi leaders. END SUMMARY.


2. (C) UN/EAD legal advisor Jose Maria Aranas told PolOff on
August 18 that the Kurds and the Shia are still divided on
electoral issues. He said an August 18 UNAMI breakfast
meeting on election law with Iraqi leaders hosted by SRSG
Qazi revealed no movement in the Kurdish/Shia positions since
the last meeting on August 11. TNA Deputy Speaker Hussein
Shahristani reiterated that the Shia are pushing for a
multiple governorate district electoral system with maximum
10 percent national compensatory seats. On the other hand,
Minister of Planning Barham Saleh repeated that the Kurds
prefer a single national district system used in the January
election. However, Saleh added that the Kurds would support
a multiple district system if Kirkuk were included within the
boundaries of Kurdistan; the Kurdish IDPs are credited to
Kurdistan and compensatory seats increased to at least 25
percent. Shahristani emphasized during the August 18 meeting
that the single national district system is unacceptable to
the Shia. TNA speaker Hajim Hassami also attended the two
meetings but did not offer a clear Sunni position and
preferred to observe, said Aranas.


3. (C) Despite the lack of Kurdish approvalbuy-in,
Shahristani apparently has decided to push election law to
the TNA for discussion. (Note.: The election law appeared as
an agenda item for TNA on August 14 and 15, but was later
dropped from the agenda on both dates. End note.) Aranas
believes Shahristani will put before the TNA the Shia version
of the election law, which Aranas said he has reviewed and
found to be incomplete and problematic. For example, Aranas
noted that Shahristani's draft drops the prohibition of
political party and candidate links to armed militias, and
sanctioning authority of the IECI for electoral offenses by
political entities. This Shia version features 9 percent
compensatory seating.


4. (C) Aranas told PolOff that a multiple governorate
district system with 20 percent national compensatory seats,
using existing boundaries from the January election, would be
a good compromise solution. An election law, Aranas
continued, is urgently needed to ensure the credibility and
integrity of the electoral process. For example, political
party outreach activities related to the new electoral model
should have started already and political entities candidate
list submissions (and vetting by the Independent Electoral
Commission of Iraq) must start by September 1. He suggested
that UN, UK and US coordinate to step up efforts to press
Iraqi leaders to negotiate a solution.


5. (C) COMMENT. The UN elections team has been working wit
the Iraqis, and they have a solid enough basis to understand
how to structure the law. Much of the delay comes now
because political leaders are seized with the constitution
and some -- especially the Kurds -- even tie the election law
to the constitution negotiations themselves. Working with UN
and UK, we will continue to explore opportunities to
encourage Iraqis to come to an agreement that results in an
election law meeting international electoral standards and
that promotes minority and women participation. END COMMENT.



6. (U) REO HILLAH, REO BASRAH, REO MOSUL, and REO
KIRKUK, minimize considered.



Khalilzad